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Now I may not be a raging royalist but I see nothing wrong with raising a glass to any newborn. Even if the silver spoon
BONNY PRINCE BABY Rejoice. We've got another Royal.

WAIT A BIT... Court of Appeal decide age discrimination can be justified

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TAYLOR MADE FOR US Joe Taylor gets litigious for Employment Team

Wg Employment Issue 598/April 2018 IT'S A BOOOOOOOOOOY! Come on everyone. Get out your blue bunting and raise your Union Flag. We have another heir to the throne. Still to be named, new son to HRH Prince William and the Duchess of Cambridge is fifth in line. Now I may not be a raging royalist but I see nothing wrong with raising a glass to any newborn. Even if the silver spoon in its mouth had to be carefully retrieved with forceps before a safe delivery. Far more entertaining, though, is watching the news correspondents desperately to squeeze anything more outthe of news a storycorrespondents than 'she's in Far moretrying entertaining, though, is watching labour' and 'she's had the baby' and 'oh look... there's the baby'. desperately trying to wring anything more out of a story than 'she's in labour' and 'she's had the baby' and 'oh look... there's the baby'. Any journo worth his or her salt will be desperate to come up with an exclusive, juicy angle... yet protocol dictates they all have to stand in a row along the pavement, behaving nicely until the story comes to them. All of them. At the same time. It's a bit like one of those YouTube videos where a dog is forced to sit with a treat balanced on its nose for a good five minutes before it can chuck it in the air and snaffle it on the way back down. Cruel, I say, that's what it is. All those poor reporters staring and twitching, side by side along the pavement for hours, if not days, when all they really want to do is CHASE SOMETHING. But, hey - joyous news! Here at WG Towers, to liven it up across the anxious morning hours of Monday we did a sweepstake on the name. The team were all favoured traditional royal names, suggesting names of previous kings. I’ve even seen people suggesting the baby was called George given he was born on St. George’s day (making things very confusing in the Palace!). I opted for something a little more left field… Now, of course, we are still waiting for the announcement, but I will be seriously rich if it is Tyler! And Katie Hopkins' head may explode. And who wouldn't want that? Congratulations, to the royal couple!

Delayed gratification And speaking of hanging on brings me to the case of Cockram v Air Products Plc. Mr Cockram participated in a Long Term Incentive Plan offered by Air Products. At age 50 Mr Cockram decided to retire, and at this age he was able to have benefits under the defined benefit pension scheme. The defined benefit plan was replaced with a defined contribution plan before Mr Cockram’s retirement, where the earliest age a pension could be drawn was 55. Air Products set the customary retirement age under the terms of the defined contribution plan at 55, in line with the minimum pension age at the time.

EVENT SEASON 2018 that he had not left at the customary retirement age, preventing him for This meant that when Mr Cockram left, aged 50, it was decided receiving benefits under the defined contribution plan. Mr Cockram then brought a claim for age discrimination. SEXUAL HARASSMENT IN THE WORKPLACE Thursday 7th June

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The Employment Tribunal found that Air Products could justify the direct age discrimination as a proportionate means of achieving a legitimate PULLING A SICKIE PRACTICE MAKES PERFECT aim. The Employment Tribunal disagreed and found that the Wednesday ET had erred in law by not giving a sufficient explanation as to why Air WednesdayAppeal 5th September 17th October Products Plc’s actions were a proportionate means of achieving a legitimate aim. The case was then taken to the Court of Appeal. 12 DAYS OF CHRISTMAS Thursday 22nd November

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This meant that when Mr Cockram left, aged 50, that he had not left at the customary retirement age, preventing him for receiving benefits under the defined contribution plan. Mr Cockram then brought a claim for age discrimination. The Employment Tribunal (ET) found that Air Products could justify the direct age discrimination as a proportionate means of achieving a legitimate aim. The Employment Appeal Tribunal disagreed and found that the ET had erred in law by not giving a sufficient explanation as to why Air Products actions were a proportionate means of achieving a legitimate aim. The case was then taken to the Court of Appeal (CoA). The CoA supported the ET’s findings; Air Products wanted to retain employees until retirement age, providing them with a legitimate aim. Air Products also used the defined contribution plan as a retirement incentive for older workers. The CoA commented that 55 was a suitable age for employees to receive company benefits given it was in line with minimum pension age.

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They held that the defined contribution plan encouraged the retention of older employees, encouraging experience and loyalty, and also encouraged an intergenerational mix of employees. Employers should be aware that the provisions of retirement in incentive plans can be justified as long as it’s used to achieve a legitimate aim.

Go, Joe! It's another fresh and friendly face here in WG Towers as Joe Taylor joins the Employment Team for a stint on the Litigation side. ANOTHER ONE? you ask. What can I tell you? EVERYONE wants to work here.

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Joe has been with the firm since April 2015, working initially as a paralegal over with the Commercial Property Team in Portsmouth. Joe then started his Period of Recognised Training in September last year, working with the Private Client team in Fareham, now moved year, working with the Private Client team based in Fareham, he’sbased now moved furtherhe’s West to help us further West to help us in Southampton. in Southampton. Which is handy for golfJoe courses... can often be found in his Which is handy for golf courses... somewhere is oftensomewhere to be found Joe in his own time. own time. And yes, we've done the punctured bit of paper joke ('Joe - look - I've got a hole in one!') and now And yes, we've done the punctured bit of paper joke ('Joe - look - I've got a we've got past it. hole in one!') and now we’ve got past it!

Contact the team Sarah Whitemore (Partner) – 02380 717462 Howard Robson (Partner) – 02380 717718 Lisa Joyce (Associate) – 02380 717447 Emma Kemp (Associate) – 02380 717486 Natalie Rawson (Solicitor) – 02380 717403 DISCLAIMER While every effort is made to ensure that the contents of these diaries are up-to-date and accurate, no warranty is given to that effect and Warnergoodman does not assume responsibility for their accuracy and correctness. The diaries are provided free of charge and for information purposes only. Readers are warned that the diaries are no substitute for legal advice given after consideration of all materi al facts and circumstances by an experienced employment lawyer. Therefore, reliance should not be placed upon the legal points explained in these diaries or the commentary upon them.

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